Atty. E. Berton Spence
Bert Spence has a broad background in commercial real estate, banking and financial services, product liability, personal injury defense, and general commercial litigation. For more than three years, he served as the chief litigation counsel in the legal department of one of the top 10 banks in the United States.
Profile Summary
About E. Berton Spence at a glance
E. Berton Spence is a Partner based in Birmingham, Alabama, practicing at Rumberger Kirk And Caldwell Professional Association. They have 36+ years of legal experience, licensed to practice since 1990. Their practice focuses on personal injury, business, class action, product liability, and litigation. Educated at University of Alabama School of Law (J.D., 1990) and Jacksonville State University (B.A., 1983). Recognitions include AV Preeminent. Serands clients in Birmingham, AL and the surrounding metropolitan area.
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About
- Bert Spence has a broad background in commercial real estate, banking and financial services, product liability, personal injury defense, and general commercial litigation
- For more than three years, he served as the chief litigation counsel in the legal department of one of the top 10 banks in the United States
- Bert counsels corporate clients in a wide range of litigation matters throughout Alabama state and federal courts
- He represents clients in matters involving banking, including consumer finance and consumer protection
- commercial lending, including foreclosure and receivership
- class actions, insurance coverage and bad faith
- insurance agency and procurement issues
- workplace exposure, toxic tort, general tort issues
- and product liability, including automobiles, motorcycles, ATVs, industrial equipment, tools, chemical products and pharmaceutical and medical devices
- Beyond litigation, Bert has represented numerous lenders and special servicers regarding problem loans, with a particular emphasis on remedial issues in Commercial Mortgage-Backed Securitized lending (“CMBS”) including foreclosures, deed-in-lieu transactions, receiverships, loan modifications, guaranty claims, general issues concerning realization on collateral, and leasing of lender-acquired properties
- As the former head of a major financial services company’s in-house litigation team, he has overseen litigation and mediation/settlement activities all across the U.S. and internationally
- In that role, he also supervised development of eDiscovery policies and participated in responses to governmental investigations
- He is a frequent writer and speaker on legal topics
- Awards & Honors •Best Lawyers in America, 2019 Lawyer of the Year, Commercial Transactions/UCC Law, Birmingham •Listed in Best Lawyers in America, Banking and Finance Law
- Commercial Transactions/UCC Law, 2014-2026 •AV-Rated Martindale-Hubbell Articles & Presentations •Co-Presenter, 'Designing Your Company's Arbitration (or Non-Arbitration) Strategy: Considerations for In-house Counsel,' Association of Corporate Counsel, November 2021 •Author, 'Up Next: Does Congress Have Constitutional Authority to Regulate Evictions and Foreclosures?' September 2021 •Author, 'Texas Federal Court Ruled Federal Government Has No Constitutional Power Over Foreclosures and Evictions,' March 2021 •'Financial Services Industry Regulation in The Biden Era,' Business Alabama, January 2021 •Author, 'Mortgage Lenders Beware: CARES Act Potentially Erases Billions of Dollars in Federally-Backed Loan Values,' May 2020 •Co-presenter, 'Mortgage Banking Law,' Mortgage Bankers Association of Alabama Education Session, June 7, 2017 Experience Illustrative Experience •Served as Deputy General Counsel for $140 billion financial services company where he managed litigation throughout the nation and internationally as head of a five-lawyer litigation team
- •Represented the country’s largest Special Servicers in CMBS problem loan remediation
- •Defended products for many of the largest national and international manufacturers in both personal injury (product-liability) and warranty claims
- •Handled commercial litigation - including class actions - for large and small companies, including some of the largest banks and insurers in the U.S
- •Defended one of the largest transportation companies in the world in a series of hundreds of workplace exposure cases
- •Defended leading pharmaceutical and medical device manufacturers in drug and device litigation
- •Successfully represented Alabama’s Governor in a constitutional challenge to the state’s property tax system. •Served as arbitrator, beginning in 2001, in over 40 cases, all decided with reasoned (written) opinions and selected for inclusion on the National Arbitration Forum’s Panel of Neutrals as well as the Alabama Center For Dispute Resolution’s Roster of Arbitrators
- •Wrote and worked for passage of numerous items of legislation involving Alabama’s tort laws and civil procedure, class action certifications, and healthcare laws, as well as drafting proposed amendments to the Federal Rules of Civil Procedure for the country’s leading defense bar organizations to ensure fact-based pleading and proportional discovery
- Bert's News and Insights 08.21.2025 Firm News 27 RumbergerKirk Attorneys Named to the 2026 edition of The Best Lawyers in America Dan Gerber and Leonard Dietzen Named “Lawyer of the Year
- ”... 08.15.2024 Firm News Best Lawyers in America 2025 Edition Recognizes 24 RumbergerKirk Attorneys Two Named “Lawyer of the Year” and Two Named “Ones... 09.21.2023 Media Mentions When Legal Issues Loom, Small Business Are Wise to Think Outside Their Own Offices, Business Alabama Hiring an external general counsel can be advantageous for smaller... 08.17.2023 Firm News Best Lawyers in America Recognizes 24 RumbergerKirk Attorneys with Managing Partner Frank Sheppard Named Lawyer of the Year ORLANDO, FL - August 17, 2023 - Best Lawyers has... 08.19.2022 Firm News 23 RumbergerKirk Attorneys Named to Best Lawyers in America 2023 Orlando, Fla., August 18, 2022 - RumbergerKirk is pleased to... 01.05.2022 Media Mentions Banking Experts Talk What’s On the Horizon for 2022, Birmingham Business Journal Bert Spence joins a roundup of banking experts to discuss... 12.16.2021 Top Tips: Cost-effective and Timely Dispute Resolution Bert Spence provided the following top tips for timely dispute... 11.02.2021 Events Designing Your Company’s Arbitration (or Non-Arbitration) Strategy: Considerations for In-house Counsel Rebecca Beers, Bert Spence and Pete Tepley teamed up for... 09.08.2021 Bankruptcy and Restructuring Up Next: Does Congress Have Constitutional Authority to Regulate Evictions and Foreclosures?
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- Gouin 08.19.2021 Firm News Eighteen RumbergerKirk Attorneys Named to Best Lawyers in America 2022 ORLANDO - August 19, 2021 - RumbergerKirk is pleased to
Practice Areas Explained
E. Berton Spence's Areas of Practice
Each practice area below reflects the types of cases E. Berton Spence handles, with a brief overview of what that area of law covers.
Personal injury attorneys help accident victims recover compensation for medical bills, lost wages, and pain & suffering. Most work on contingency — no fee unless you win.
E. Berton Spence is one of 264,852 personal injury attorneys indexed nationally. Browse personal injury attorneys in Alabama →
Business attorneys advise founders and growing companies on entity formation, contracts, financing, M&A, and dispute resolution.
E. Berton Spence is one of 501,317 business attorneys indexed nationally. Browse business attorneys in Alabama →
E. Berton Spence is one of 26,424 class action attorneys indexed nationally. Browse class action attorneys in Alabama →
E. Berton Spence is one of 66,193 product liability attorneys indexed nationally. Browse product liability attorneys in Alabama →
Civil litigation attorneys for breach of contract, business disputes, civil rights, and class action lawsuits.
E. Berton Spence is one of 454,532 litigation attorneys indexed nationally. Browse litigation attorneys in Alabama →
Jurisdictional Context
Why local counsel matters in Alabama
Practicing law in Alabama. Legal matters in Alabama are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in Birmingham are typically filed in the local municipal court or the appropriate Alabama state district court, depending on subject matter and amount in controversy. An attorney licensed in Alabama brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in Alabama courts without local counsel or pro hac vice admission.
Looking for additional Alabama attorneys? Browse all attorneys in Birmingham or all attorneys in Alabama.
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